No guidelines to regulate media reporting of sub-judice matters: SC

September 11, 2012

supreme

New Delhi, September 11: The Supreme Court today laid down a constitutional principle where aggrieved parties can seek from appropriate court the postponement of the publication of court hearings and a decision taken on a case-by-case basis.

The court, however, refrained from framing broad guidelines for reporting of sub-judice court matters, saying it cannot be done "across the board." The bench observed that freedom of speech and expression is not an absolute right under the Constitution and the journalists should understand the 'lakshman rekha' so that they do not cross the line of contempt.

A five-judge bench headed by Chief Justice S H Kapadia said it was laying down the constitutional principle which will allow the aggrieved parties to seek from appropriate court the postponement of the publication of court hearings.

The bench said the concerned court will decide the question of postponement of reporting court proceedings on case-by-case basis. "We are not framing guidelines but we have laid down constitutional principle and appropriate writ courts will decide when the postponement order has to be passed on case-by -case basis," the bench also comprising justices D K Jain, S S Nijjar, Ranjana Prakash Desai and J S Khehar said.

"Hence, guidelines on media reporting cannot be framed across the board," the bench said. While propounding the doctrine of postponement of publication of court proceedings, the bench said it is a preventive measure and not a prohibitive and punitive measure.

It further said that temporary ban on publication of court proceedings is necessary to maintain balance between freedom of speech and fair trial for proper administration of justice.

The bench said the postponement of publication of court proceedings would be required where there is a substantial risk of prejudicing the trial and administration of justice.

Further the CJI, who read the judgement, said reasonable restrictions on reporting of court proceedings were needed for societal interest and this doctrine of postponement is one of "neutralising technique".

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Agencies
May 5,2020

Jammu and Kashmir, May 5: Awarding the prestigious Pulitzer Prize to three Indian photographers, the Pulitzer Board at Columbia University claimed that it was for their work in Kashmir as "India revoked its independence".

The award to Channi Anand, Mukhtar Khan and Dar Yasin in the feature photography category for their pictures for the Associated Press was announced on Monday.

The prizes, considered the most prestigious for US journalism, are associated with the university's Graduate School of Journalism where the judging is done and is announced, although this year it was done remotely.

Besides a certificate, the prizes carry a cash award of $15,000, except the public service category for which a gold medal is awarded.

The public service prize went to The Anchorage Daily News for a series that dealt with policing in Alaska state.

In making the award to the three, the Board said on its website that it was "for striking images of life in the contested territory of Kashmir as India revoked its independence, executed through a communications blackout".

Besides making the false claim about "independence" of Kashmir being "revoked", the board that includes several leading journalists did not explain how their photographs could have reached the AP within hours of the incidents recorded "through a communication blackout".

India's Central government only revoked Article 370 of the Constitution that gave Jammu and Kashmir a special status and it was not independent.

Indian journalists were allowed to operate in Kashmir, while only non-Indian journalists were barred.

The wording of the award announcement calls into question the credibility of the Pulitzer Board that gives out what are considered prestigious journalism awards.

The portfolio of pictures by the three on the Pulitzer web site included one of a masked person attacking a police vehicle and another of masked people with variants of the Kashmir flag, besides photos of mourners and protesters.

One of the finalists for the Pulitzer Prize for explanatory journalism was a reporter of Indian descent at The Los Angeles Times, Swetha Kannan, who was nominated for her work with two colleagues on the seas rising due to climate change.

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Agencies
February 25,2020

New Delhi, Feb 25: Union Home Minister Amit Shah on Monday told a meeting of Delhi Lieutenant Governor Anil Baijal, Chief Minister Arvind Kejriwal and party leaders that "professional assessment" is that the violence in north-east Delhi has been "spontaneous".

He also said adequate forces have been already deployed in affected areas even as he urged political parties to avoid provocative speeches and statements which could flare up the situation and desist from rumour-mongering. He also instructed Delhi Police Commissioner Amulya Patnaik to re-activate local peace committees. 

"Shah noted that the professional assessment is that the violence in the capital has been spontaneous. He expressed confidence in Delhi Police and said that the force has shown maximum restraint to get the situation under control," a statement issued by the Ministry of Home Affairs (MHA) said.

However, on Monday, government sources had claimed that violence in the national capital "appeared to be orchestrated" to coincide with the high-profile visit. A PTI report from Hyderabad on Tuesday also quoted Minister of State for Home G Kishan Reddy as saying that the violence in Delhi has been perpetrated intentionally and the Narendra Modi government would not tolerate such incidents. 

While Shah said adequate forces have been deployed, there were also reports that the Delhi Police Commissioner told MHA top brass that it did not have adequate forces to control the violence that erupted in north-east Delhi. However, Delhi Police later tweeted that the Commissioner has denied that "no such information was given to MHA" and such reports were "totally baseless". 

Urging parties to avoid provocative speeches and statements which could flare up the situation, the statement said, Shah expressed confidence in Delhi Police and said that the force has shown maximum restraint to get the situation under control.

Appealing to all to maintain restraint and desist from rumour-mongering while instructing the Delhi Police Commissioner to re-activate local peace committees, Shah said Delhi's borders with Uttar Pradesh and Haryana have been under surveillance for the last three days. 

Shah also urged parties to ask their local leaders to hold meetings in sensitive areas and instructed senior police officers to visit vulnerable police stations at the earliest

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News Network
June 18,2020

New Delhi, Jun 18: Republican Party of India (RPI-A) leader Ramdas Athawale on Thursday urged Indians to boycott Chinese food and asked for a ban on all restaurants which serve the cuisine.

"Restaurants selling Chinese food should be banned. Restaurants should be closed by the order of the state government. I appeal to people who consume Chinese food to boycott it," Athawale told ANI here.

The Union Minister also said that both the products which come from China and its literature should also be banned in the country.

"The Chinese literature should also be banned, its products too should be banned and its companies too should not be given business here. We should develop such companies in the country which can manufacture the same products here," he added.

Athawale also warned China to reconsider its actions and stop its nefarious activities on the border by saying, "You took Buddha from us but we don't want yuddha (war) with you. A war will prove to be costly for both countries, economically and loss of lives will also occur. If we (Indians) are not crossing the border then why are you doing so?"

Athawale's statements came after at least 20 Indian Army personnel, including a Colonel rank officer, lost their lives in the violent face-off in the Galwan valley area of Ladakh on June 15.

The clash happened as a result of an attempt by the Chinese troops to "unilaterally change" the status quo during de-escalation in eastern Ladakh and the situation could have been avoided if the agreement at the higher level been scrupulously followed by the Chinese side, India said on June 16.

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